Policy Recap for August 2020
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The big news this month was the failure of the U.S. Congress to pass another economic stimulus bill, even with support from the White House. With neither the Arizona State Legislature nor the U.S. Congress in session, attention has been greatly diverted to the upcoming general election and the presidential race for office.
Arizona held its primary election earlier this month, which cemented Martha McSally as the frontrunner for the republican ticket for the U.S. Senate, running against democrat Mark Kelly. Additionally, an Arizona Supreme Court ruling last week ensured that two ballot measures will be included in the general election: one would raise taxes on wealthy individuals to provide increased funding for education; the other would legalize marijuana for recreational use in the state.
The Federal Communications Commission’s 2.5 GHz Tribal Priority Window is still set to expire September 2, despite calls for a longer, more meaningful filing deadline extension. Meanwhile, the United States Postal Service reversed course last week on its plan to scale back operations after several states and attorneys general filed lawsuits against the Trump Administration, accusing it of threatening the November general election. President Donald Trump has been vocally opposed to vote-by-mail as a common elections practice. Our latest publication highlights the benefits of vote-by-mail efforts as well as the potential pitfalls of being overly reliant on VBM systems if they are not sufficiently representative of tribal communities or if they fail to create equitable elections processes.
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Arizona Legislative Update
The 54th State of Arizona Legislature adjourned Sine Die on May 26, 2020.
A total of 26 bills related to tribes have been filed, introduced, or considered in the 54th State of Arizona Legislature. To view the full list and analyses of these bills, Click Here.
Highlights - View the Overall Document by Clicking the Link Above
Bills Considered by the State of Arizona 54th Legislature
March 10, 2020 – HB 2120, “Schools; graduation ceremonies; cultural regalia”. Senate read second time House third reading and voting to pass (58-2-0-0) on March 5, 2020 and transmitted to the Senate on March 6, 2020. Introduced by Rep. David Cook (R-8) on February 5, 2020. Link to Bill.
- Bill would prohibit a school district governing board or a charter school from prohibiting a pupil from wearing cultural regalia while participating in a graduation ceremony.
March 11, 2020 – SB 1492, “Arizona teachers academy; program pathways”. House read a second time. Senate third read and voting to pass (26-0-4-0) and transmitted to the House on February 20, 2020. Introduced by Sen. Paul Boyer (R-20) on February 3, 2020. Link to Bill.
- Bill would allow an Arizona college that is state owned, operated, or chartered by a qualifying Indian tribe on its own Indian reservation and offers baccalaureate teacher education programs to be eligible to participate in the Arizona Teachers Academy and receive monies from its fund.
March 12, 2020 – HB 2813, “Sports betting; historic racing; revenue”. House Committee of the Whole action: Retained on the Calendar. House Minority Caucus and House Majority Caucus: Do Pass on March 10, 2020. Introduced by Rep. Stephen Pierce (R-1) on February 11, 2020. Link to Bill.
- Bill would allow an Indian tribe to operate a sports betting license through a tribal gaming operator that is wholly owned by the Indian tribe.
March 17, 2020 – SB 1418, “Board of library examiners; continuation”. House Rules Committee Action: Withdrawn, voting (0-0-0-0-0-0).House Governance Committee action: Do Pass, voting (10-0-0-1-0-0) on March 5, 2020. Passed the Senate (26-0-4-0) on February 20, 2020. Introduced by Sen. David Farnsworth (R-16) on January 29. 2020. Link to Bill.
- Bill would add a member who is a current or former elected tribal official to the State Board on Geographic and Historic Names.
- Law requires the Arizona Health Care Cost Containment System Administration to seek federal authorization to reimburse the Indian Health Services and tribal facilities to cover the cost of adult dental services that are eligible for a federal medical assistance percentage of 100 percent.
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To view a complete list and detailed analyses/summaries of federal congressional hearings (3 hearings), congressional bills introduced/considered (18 bills during congressional markups and hearings), and Administrative actions (10 Federal Register Notices) between July 27, 2020 through August 21, 2020, Click Here.
Highlights - View the Overall Document by Clicking the Link Above
Federal Hearings – 116th Congress, Second Session
July 29, 2020 – House Natural Resources Committee. Full Committee Markup: Hybrid FC Markup on S. 294, H.R. 1031, H.R. 4888, H.R. 6237, H.R. 6535, and H.R. 7119, among others. Link to Hearing.
- S. 294, Native American Business Incubators Program Act. Ordered to be Reported by Unanimous Consent. Introduced by Sen. Tom Udall (D-NM) on January 31, 2019. Passed the Senate without amendment by Voice Vote on June 27, 2019. Link to Bill.
Bill would elevate the Office of Native American Business Development to be placed within the Department of Commerce Office of the Secretary, would expand the use of the Buy Indian Act to federal agencies outside the Bureau of Indian Affairs and Indian Health Service, and reauthorize and expand initiatives under the Native American Programs Act. The bill would also create a Native American Business Incubators Program under the Department of the Interior, Office of Indian Energy and Economic Development.
- H.R. 1031, Pala Band of Mission Indians Land Transfer Act of 2019. Ordered to be Reported (Amended) by Unanimous Consent. Introduced by Rep. Juan Vargas (D-CA-51) on February 6, 2019. Link to Bill.
Bill would take approximately 700 acres of land into trust for the Pala Band of Mission Indians located in San Diego County. Lands taken into trust cannot be used for gaming purposes.
- H.R. 4888, To amend the Grand Ronde Reservation Act, and for other purposes. Introduced by Rep. Kurt Schrader (D-OR-5) on February 6, 2019. Link to Bill.
Bill would place into trust 84 acres of land known as the “’Thompson Strip” to become part of the Grand Ronde Reservation. Class II and Class III gaming under the Indian Gaming Regulatory Act is prohibited on the newly acquired trust lands.
- H.R. 6237, PRC for Native Veterans Act. Ordered to be Reported by Unanimous Consent. Introduced by Rep. Ruben Gallego (D-AZ-7) on March 12, 2020. Link to Bill.
Bill would require the Department of Veterans Affairs or the Department of Defense to reimburse the Indian Health Service, tribes, or tribal organizations for health care services provided to American Indian and Alaska Native veterans, regardless of whether such services are provided directly by the IHS, tribes, or tribal organizations, or through certain contracts for services.
- H.R. 6535, To deem an urban Indian organization and employees thereof to be a part of the Public Health Service and for the purposes of certain claims for personal injury, and for other purposes. Ordered to be Reported by Unanimous Consent. Introduced by Rep. Ruben Gallego (D-AZ-7) on April 17, 2020. Link to Bill.
Bill would extend federal torts claim coverage for certain personal injury claims, such as medical malpractice liability protection, to urban Indian organizations and their employees by recognizing them as part of the Public Health Service. Currently, such coverage is provided to Indian tribes, tribal organizations, Indian contractors, and their employees.
- H.R. 7119, Alaska Native Tribal Health Consortium Land Transfer Act of 2020. Ordered to be Reported (Amended) by Unanimous Consent. Introduced by Rep. Don Young (R-AK-At Large) on June 4, 2020. Link to Bill.
Bill directs the Department of Health and Human Services to convey specified property in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium for use in connection with health programs. Bill also states that the consortium shall not be liable for any environmental contamination that occurred before such conveyance.
July 29, 2020 – Senate Committee on Indian Affairs. Business Meeting to consider S. 1161, S. 2165, S. 2610, S. 2716, S. 2891. S. 3044, S. 3099, S. 3100, S. 3650, S. 3948.
- S. 1161, Native Educator Support and Training Act. Introduced by Sen. Jon Tester (D-MT) on April 11, 2019. Link to Bill.
Bill would create the Indian Educator Scholarship Program and direct the Secretary of Education to award scholarships to eligible applicants pursuing a course of study in early childhood education, elementary or secondary education. Upon completion of a course of study the scholarship recipient would be required to be employed full-time at a Bureau of Indian Education-funded school, a public elementary school or secondary school that serves a significant number of Indian students as determined by the Secretary in consultation with Indian tribes, a tribal early childhood education program, or in a federally funded early childhood education program that serves a significant number of Indian students. Bill would also authorize loan forgiveness for Indian educators working in the Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students. Authorizes the Secretary to repay no less than $17,500 of the borrower who has been employed as a full-time teacher or school administrator for five consecutive complete school years.
- S. 2165, Safeguard Tribal Object of Patrimony Act of 2019. Ordered to be reported with an amendment in the nature of a substitute favorably. Introduced by Sen. Martin Heinrich (D-NM) on July 18, 2019. Link to Bill.
Bill would increase penalties for the illegal trafficking and export of Native cultural objects. Also directs the Secretary of the Department of the Interior to create a tribal working group of representatives from Indian tribes and Native Hawaiian organizations to advise the federal government on the return of items of cultural patrimony.
- S. 2610, Tribal Energy Reauthorization Act. Ordered to be Reported with an amendment in the nature of a substitute favorably. Introduced by Sen. Lisa Murkowski (R-AK) on October 16, 2019. Link to Bill.
Bill would reauthorize certain programs under the Office of Indian Energy and Policy Programs at the Department of Energy. Bill would make tribal energy development organizations eligible for the Department of Energy Indian Energy Education Planning and Management Assistance Program and authorizes an appropriation of $50 million for each of fiscal years 2020 through 2030. Bill also provides an authorization of appropriations of $30 million for each of fiscal years 2020 through 2030 for the Department of Energy Loan Guarantee Program.
- S. 2716, A bill to amend the Grand Ronde Reservation Act, and for other purposes. Ordered to be reported with an amendment favorably. Introduced by Sen. Jeff Merkley (D-OR) on October 28, 2019. Link to Bill.
Bill would place into trust 84 acres of land known as the “’Thompson Strip” to become part of the Grand Ronde Reservation. Class II and Class III gaming under the Indian Gaming Regulatory Act is prohibited on the newly acquired trust lands.
- S. 2891, A bill to require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes. Ordered to be Reported without an amendment favorably. Introduced by Sen. Tom Udall (D-NM) on November 19, 2019. Link to Bill.
Requires the Secretary of the Interior to establish Tribal Wildlife Corridors. An Indian tribe may nominate a corridor by submitting an application to the Secretary of the Interior for purposes of restoration of natural habitat, management of land, or to prevent barriers that hinder the facilitation of native species movement.
- S. 2912, Blackwater Trading Post Land Transfer Act. Ordered to be Reported without an amendment favorably. Introduced by Sen. Martha McSally (R-AZ) on November 20, 2019. Link to Bill.
Bill would direct the Department of the Interior to take 55.3 acres of land of the Blackwater Trading Post in Pinal County, AZ into trust for the Gila River Indian Community. Gaming would be prohibited on lands taken into trust.
- S. 3019, Montana Water Rights Protection Act. Ordered to be Reported with an amendment in the nature of a substitute favorably. Introduced by Sen. Steve Daines (R-MT) on December 11, 2019. Link to Bill.
Bill would ratify a compact to settle the water rights claims for the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation and the State of Montana and directs the Secretary of the Interior to execute such compact. Directs the Secretary of the Interior to allocate to the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation 90,000 acre-feet of water per year to be stored in the Hungry Horse Reservoir for use by the tribes and managed by the Bureau of Reclamation. Authorizes the tribes to use, lease, contract, exchange, or enter into other agreements for use of the allocated water within the Flathead basin or the Clark Fork Basin within the State of Montana. Directs the Secretary of the Interior to establish the Séliš-Qlispé Ksanka Settlement Trust Fund to implement the Water Compact. Congress is authorized to appropriate $1.9 billion for the Trust Fund to remain available until expended.
- S. 3044, Western Tribal Water Infrastructure Act of 2019. Ordered to be Reported with an amendment in the nature of a substitute favorably. Introduced by Sen. Ron Wyden (D-OR) on December 12, 2019. Link to Bill.
Bill would amend the America’s Water Infrastructure Act of 2018 to expand the Indian reservation drinking water program to include 10 eligible projects within the Columbia River Basin. Authorizes an appropriation for $30 million for fiscal year 2020 and each fiscal year thereafter.
- S. 3099, Southeast Alaska Regional Health Consortium Land Transfer Act of 2019. Ordered to be Reported with without amendment favorably. Introduced by Sen. Lisa Murkowski (R-AK) on December 18, 2019. Link to Bill.
Bill directs the Department of Health and Human Services to convey specified property in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium for use in connection with health programs. Bill also states that the consortium shall not be liable for any environmental contamination that occurred before such conveyance.
- S. 3100, Alaska Native Tribal Health Consortium Land Transfer Act of 2019. Ordered to be Reported with an amendment in the nature of a substitute favorably. Introduced by Sen. Lisa Murkowski (R-AK) on December 18, 2019. Link to Bill.
This bill directs the Department of Health and Human Services to convey specified property in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium for use in connection with health programs. The consortium shall not be liable for any environmental contamination that occurred before such conveyance.
- S. 3650, Coverage for Urban Indian Health Providers Act. Ordered to be Reported with an amendment favorably. Introduced by Sen. Tina Smith (D-MN) on May 5, 2020. Link to Bill.
Bill would extend federal torts claim coverage for certain personal injury claims (i.e., medical malpractice liability protection) to urban Indian organizations and their employees by deeming them as part of the Public Health Service. Currently, such coverage is provided to Indian tribes, tribal organizations, Indian contractors, and their employees.
- S. 3948, A bill to amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. Ordered to be reported without amendment favorably. Introduced by Sen. Lisa Murkowski (R-AK) on June 11, 2020. Link to Bill.
Bill would extend the deadline, from three years to five years, for the Alyce Spotted Bear and Walter Soboleff Commission on Native Children to submit its report to the President and Congress. The commission was established to conduct a comprehensive study of federal, state, local, and tribal programs that serve Native children and to develop plans for federal policy related to Native children.
July 29, 2020 – Senate Committee on Indian Affairs. Oversight Hearing on “Preparing to head Back to Class: Addressing How to Safely Reopen Bureau of Indian Education Schools”. Link to Hearing.
Panel I
- Mr. Tony Dearman, Director, Bureau of Indian Education, U.S. Department of the Interior, Washington, DC. Link to Testimony.
Panel II
- Ms. Marita Hinds, President, National Indian Education Association, Washington, DC. Link to Testimony.
- Dr. David Yarlott, Jr., Chair, American Indian Higher Education Consortium, Alexandria, VA. Link to Testimony.
Federal Bills Introduced/Considered - 116th Congress, First Session
See Previous Section on Bills Considered During Congressional Committee Markups and Hearings
Federal Administrative & Regulatory Actions
July 30, 2020 – Department of Health and Human Services; Indian Health Service; Notice; Funding announcement; Tribal Self-Governance Negotiation Cooperative Agreement. Link to Federal Register Notice.
- The Indian Health Service (IHS) Office of Tribal Self-Governance (OTSG) is accepting applications for Negotiation Cooperative Agreements for the Tribal Self-Governance Program (TSGP). This program is described in the Assistance Listings found here. The purpose of this Negotiation Cooperative Agreement is to provide Tribes with resources to help defray the costs associated with preparing for and engaging in TSGP negotiations.
- The total funding identified for fiscal year (FY) 2020 is approximately $240,000. Individual award amounts are anticipated to be $48,000. Approximately five awards will be issued under this program announcement and the period of performance is one year.
- Questions on programmatic issues may be directed to: Roxanne Houston, Program Officer, Office of Tribal Self-Governance, 5600 Fishers Lane, Mail Stop: 08E09B, Rockville, MD 20857, Phone: (301) 443-7821, Email: Roxanne.Houston@ihs.gov.
- Application deadline date: October 28, 2020. Earliest anticipated start date: November 12, 2020.
August 13, 2020 – Department of Health and Human Services; Indian Health Service; Office of Clinical and Preventative Services; Notice of award of a single-source unsolicited grant to Johns Hopkins University in Baltimore, Maryland; Awards Unsolicited Proposal for the Health Communication Initiative Program. Link to Federal Register Notice.
- The Office of Clinical and Preventive Services (OCPS) announces the award of a single-source cooperative agreement in response to an unsolicited proposal from Johns Hopkins University, Baltimore, Maryland. The proposal submitted was not solicited either formally or informally by any federal government official.
- The purpose of this cooperative agreement is to collect, develop, package and distribute information to American Indian and Alaska Native (AI/AN) communities to address the coronavirus disease 2019 (COVID-19)-specific recommendations on healthcare, in a culturally sensitive way.
- Johns Hopkins University received $127,644 for a period of performance from April 24 – August 24 of this year.
- For further information contact: Audrey Solimon at Audrey.Solimon@ihs.gov or by telephone at 301-590-5421.
August 14, 2020 – United States Department of Agriculture; Forest Service; Request for applications; Request for Applications: The Community Forest and Open Space Conservation Program. Link to Federal Register Notice.
- The U.S. Department of Agriculture (USDA), Forest Service, State and Private Forestry, Cooperative Forestry staff, requests applications for the Community Forest and Open Space Conservation Program (Community Forest Program or CFP). The Community Forest Program is a competitive grant program whereby local governments, qualified nonprofit organizations, and federally recognized Indian tribes are eligible to apply for grants to establish community forests that provide community benefits through fee simple acquisition of private forest land.
- Tribal applicants must submit applications to the appropriate Tribal government official. All applications, either hardcopy or electronic, must be received by Tribal governments by January 11th, 2021. Tribal government officials must forward applications to the appropriate Forest Service Regional office or International Institute of Tropical Forestry by February 8th, 2021.
- Applicants are encouraged to contact and work with the Forest Service Region or International Institute of Tropical Forestry, and State Forester or equivalent Tribal government official when developing their proposal. Applicants must consult with the State Forester and equivalent Tribal government official prior to requesting technical assistance for a project.
- All applicants must also send an email to SM.FS.CFP@usda.gov to confirm an application has been submitted for funding consideration. Tribal government officials shall submit applications, either electronic or hardcopy, to the appropriate Forest Service Region/Institute contact. For the Southwestern Region (AZ, NM), the contact is: Alicia San Gil, USDA Forest Service, 333 Broadway SE, Albuquerque, NM 87102, 505-842-3289 (phone), 505-235-9233 (mobile), alicia.sangil@usda.gov.
August 21, 2020 – Department of Transportation; Federal Highway Administration; Notice; request for comments; Tribal Technical Assistance Program. Link to Federal Register Notice.
- This notice requests comments on the future delivery models proposed for the Tribal Technical Assistance Program (TTAP). All delivery models will utilize the current core curriculum material. To achieve regional specificity within the curriculum, Tribes in the regions will be solicited for the challenges or issues they face due to geography, climate, or local regulations so that those elements may be included. The subject matter experts will supplement the core training modules to integrate the regional elements.
- The Federal Highway Administration is asking the public and specifically Tribal leaders or their direct designees for comments on the following questions: 1. Of the two proposed delivery models being advanced, which do you support and why? 2. Are there aspects of either of the two proposed delivery models being advanced that you think should be adjusted? Which aspects? How and why should they be adjusted? 3. If you do not support either of the two models, please explain your rationale and provide any alternatives you believe would meet the TTAP's legislative intent and maximize the Tribal objectives from the consultations.
- Comments may be submitted online at Regulations.gov, by mail to: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590, or by hand delivery to West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366-9329.
- For questions about the TTAP, contact Victoria Peters, FHWA Center for Local Aid Support, (720) 963-3522, or by email at Victoria.Peters@dot.gov. For legal questions, please contact Vivian Philbin, FHWA Office of the Chief Counsel, (720) 963-3445, or by email at Vivian.Philbin@dot.gov. Business hours for FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays.
- Deadline: comments must be received on or before September 21, 2020.
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